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Supreme Court Clarifies First Amendment Test for True Threats

Constitutional Law Reporter

Colorado , 600 U.S. _ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. In Counterman v.

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Upcoming Supreme Court Oral Arguments in IP & Tech Cases

Patently O

by Dennis Crouch The Supreme Court will be handling some significant cases over the next few months that may have a major impact for folks working in IP & Tech fields. Colorado (When does speech rise to a “true threat”, unprotected by the First Amendment. The following is brief list sorted by the date of oral arguments.